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What You Need To Know About the New York State Brownfield Cleanup Program

(1k+ reviews)

Produced on February 10, 2016

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Course Information

Time 1h 2m
Difficulty Intermediate
Topics covered in this course: Environmental

Course Description

The New York State Brownfield Cleanup Program ("BCP") is a unique program that incentivizes the remediation and redevelopment of brownfield sites in New York State. Sites that are admitted receive, upon successful completion of cleanup, a release and covenant not to sue from the State and an array of tax credits for cleanup and, in some cases, development costs. Over 700 sites have been enrolled in the BCP since its inception, and tax credits generated by the Program exceed $1.2 billion. 


The presenter discusses all aspects of the BCP, including how to apply, what sites are eligible, what types of cleanups are required, and the tax credits available to successful applicants. He also discusses the significant changes to the BCP made by the New York State Legislature in 2015.


Learning Objectives:

I.     Learn what sites are eligible for the BCP, and how to apply

II.    Understand the step-by-step process by which sites are taken through the Program

III.   Examine how the New York State Department of Environmental Conservation (“DEC”) determines what cleanup levels and strategies will be required, and what end-uses will be permitted after sites are remediated

IV.   Learn the types and amounts of tax credits available under the 2003, 2008, and 2015 versions of the BCP

V.    Comprehend the process for obtaining Certificates of Completion, and deadlines for obtaining them that must be met in order to qualify for tax credits

VI.   Learn open issues under the 2015 amendments to the BCP, including the definition of "underutilized" for purposes of development credits for New York City sites

VII.  Explore practice pointers for maximizing the likelihood of site acceptance and the amount of tax credits available, and for minimizing the transaction costs of taking a site through the BCP


Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


David J. Freeman

Gibbons P.C.

Mr. Freeman has over 35 years of experience representing buyers, sellers, and developers of contaminated properties, as well as both plaintiffs and defendants in Superfund and other litigation regarding the cleanup of hazardous waste sites. He is a frequent author and speaker on environmental law topics and is the recipient of a 2012 Burton Award as “an outstanding law firm author.” His extensive bar association and pro bono activities include service as President of the New York City Brownfield Partnership, Vice Chair of the New York State League of Conservation Voters Education Fund, Co-Chair of the New York State Bar Association Environmental Law Section Committee of Hazardous Waste/Site Cleanup, and Special Legal Counsel to the United Nations Environment Programme for North American Environmental Affairs.


Mr. Freeman is listed in Chambers USA Guide to America’s Leading Lawyers for Business and New York Super Lawyers. Chambers has quoted clients as saying, “Has many strengths, including excellent analysis of issues, understanding of government agencies, client service and the ability to achieve the best outcome”…“He is a good negotiator who never loses his cool and always stays focused on what’s important.”


Prior to entering private practice, Mr. Freeman served as a legislative assistant to U.S. Senator Frank E. Moss (D-Utah) and a trial attorney at the Federal Trade Commission. He received both his undergraduate and law degrees cum laude from Harvard University. He is a member of the New York, Massachusetts, and District of Columbia bars.


Mr. Freeman's practice focuses on:

  • representation of buyers, sellers, and developers of brownfields and other contaminated properties and of parties engaged in hazardous waste cleanups;
  • litigation related to remediation, cost recovery, property damage, and exposure to toxic substances;
  • conducting and/or supervising environmental due diligence; and
  • counseling with respect to environmental insurance issues.


Fred K.

well done, should do an updated program

Mei L.

Good program.

Stanley S.

very informative. great presentation

Lisa P.

Very Informative

Gil M.

Extremely interesting technical subject.

James B.

Was very informative on subject matter I had little previous knowledge about.

Marshall V.

Great presentation.

Silvia C.



clear concise informative

Philip G.

had no idea about brownfields. thank you

Rosa L.

The presentation was very comprehensive and informative.

Dennis S.

Very clear presentation.

Matthew D.

very informative

Kieran M.

Well organized.


Very good

Paul S.

A very technical practice area.

Joshua Z.


Stan I.

extremely informative

Laurie R.

very good

Tanya C.

nice program

Jennie C.

Very interesting CLE - I knew nothing of the Brownfield clean up program, and this was a great introduction. Faculty was excellent.

Laura B.

Excellent speaker.

Pamela W.

Great description of the program.

John J. P.

Very informative.

Edwin S.

Informative and interiesting

Peter C. M.

good course,,,

Roger Z.

Clear and thorough.

Randi W.

Excellent speaker.

William B.

Good, practical overview

William G.

Excellent presentation.

Michael W.

Great course by experienced practitioner. Would highly recommend it.

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